Assembly Bill No. 94–Committee on Government
Affairs
(On Behalf of Nevada Association of Counties)
February 12, 2001
____________
Referred to Committee on Government Affairs
SUMMARY—Increases amount of certain fees certain
officials of local governments are authorized to charge and collect. (BDR 20‑419)
FISCAL NOTE: Effect on Local Government: No.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along
left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to local governments; increasing the amount of certain fees certain
officials of local governments are authorized to charge and collect; and
providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 247.305 is hereby amended to read as follows:
247.305
1. If another statute specifies the fee to be charged for a service,
county recorders shall charge and collect only the fee specified. Otherwise
county recorders shall charge and collect the following fees:
For recording any document, for the first page.......................... [$7] $10
For each additional page............. 1
For recording each portion of a document which must
be separately indexed, after the first indexing.................................... 3
For copying any record, for each page............................................ 1
For certifying, including certificate and seal....................................... 4
For a certified copy of a certificate of marriage.......................... [7] 10
For a certified abstract of a certificate of marriage........... [7] 10
2. Except as otherwise
provided in subsection 3, a county recorder shall not charge or collect any
fees for any of the services specified in this section when rendered by him to:
(a) The
county in which his office is located.
(b) The
State of Nevada or any city or town within the county in which his office is
located, if the document being recorded:
(1)
Conveys to the state, or to that city or town, an interest in land;
(2) Is a mortgage or deed of trust upon lands within the county which
names the state or that city or town as beneficiary;
(3) Imposes a lien in favor of the state or that city or town;
or
(4)
Is a notice of the pendency of an action in eminent domain filed by the state
pursuant to NRS 37.060.
3. A county recorder shall
charge and collect the fees specified in this section for copying of any
document at the request of the State of Nevada, and any city or town within the
county. For copying, and for his certificate and seal upon the copy, the county
recorder shall charge the regular fee.
4. For purposes of this section, “State of
Nevada,” “county,” “city” and “town” include any department or agency thereof
and any officer thereof in his official capacity.
5. Except as otherwise
provided by an ordinance adopted pursuant to the provisions of NRS 244.207,
county recorders shall, on or before the fifth working day of each month,
account for and pay to the county treasurer all such fees collected during the
preceding month.
Sec. 2. NRS
247.310 is hereby amended to read as follows:
247.310 1. Except as otherwise provided by law, county
recorders shall charge the following fees for recording affidavits of proof of
labor on mining claims and for recording, pursuant to subsection 3 of NRS
517.230, affidavits of intent to hold mining claims:
For recording any such affidavits that embrace
therein one claim.................................... [$1] $2
For each additional mining claim embraced in the
affidavit...... [1] 2
2. Except as otherwise provided by an ordinance
adopted pursuant to the provisions of NRS 244.207, county recorders shall, on
or before the 5th working day of each month, account for and pay to the county
treasurer all such fees collected during the preceding month.
Sec. 3. NRS
248.275 is hereby amended to read as follows:
248.275 1. The sheriff of each county in this state may
charge and collect the following fees:
For serving a summons or
complaint, or any other process, by which an action or proceeding is commenced,
except as a writ of habeas corpus, on every defendant $15
For traveling and making
such service, per mile in going only, to be computed in all cases the distance
actually traveled, for each mile...................................... [1] 2
If any two or more papers
are required to be served in the same suit at the same time, where parties live
in the same direction, one mileage only may be charged.
For taking a bond or
undertaking in any case in which he is authorized to take a bond or undertaking [4] 5
For a copy of any writ,
process or other paper, when demanded or required by law, for each page.... 2
For serving every rule or
order..... 15
For serving one notice
required by law before the commencement of a proceeding for any type of
eviction 15
For serving not fewer than 2
nor more than 10 such notices to the same location, each notice......... 12
For serving not fewer than
11 nor more than 24 such notices to the same location, each notice......... 10
For serving 25 or more such
notices to the same location, each notice. 9
For mileage in serving such
a notice, for each mile necessarily and actually traveled in going only...... 1
But if two or more notices
are served at the same general location during the same period, mileage may
only be charged for the service of one notice.
For serving a subpoena, for
each witness summoned................... 15
For traveling, per mile in
serving subpoenas, or a venire, in going only, for each mile...................... 1
When two or more witnesses
or jurors live in the same direction, traveling fees must be charged only for
the most distant.
For serving an attachment on
property, or levying an execution, or executing an order of arrest or order for
the delivery of personal property, together with traveling fees, as in cases of
summons.... 15
For making and posting
notices and advertising for sale, on execution or any judgment or order of
sale, not to include the cost of publication in a newspaper........ 15
For issuing each certificate
of sale of property on execution or order of sale, and for filing a duplicate
thereof with the county recorder, which must be collected from the party
receiving the certificate....... 3
For drawing and executing
every sheriff’s deed, to be paid by the grantee, who shall in addition pay for
the acknowledgment thereof. 12
For serving a writ of
possession or restitution, putting any person into possession entitled thereto........ 15
For traveling in the service
of any process, not otherwise provided in this section, for each mile necessarily
traveled, for going only, for each mile...................... 1
For mailing a notice of a
writ of execution................................... 1
The sheriff may charge and
collect $1 per mile traveled, for going only, on all papers not served, where
reasonable effort has been made to effect service, but not to exceed $20.
2. The sheriff may also
charge and collect:
(a) For
commissions for receiving and paying over money on execution or process, where
lands or personal property have been levied on, advertised or sold, on the
first $500, 4 percent; on any sum in excess of $500, and not exceeding $1,000,
2 percent; on all sums above that amount, 1 percent.
(b) For
commissions for receiving and paying over money on executions without levy, or
where the lands or goods levied on are not sold, on the first $3,500, 2
percent, and on all amounts over that sum, one-half of 1 percent.
(c) For service of any process in a criminal case, or of a writ of
habeas corpus, the same mileage as in civil cases, to be allowed, audited and
paid as are other claims against the county.
(d) For all services in justices’ courts, the same fees as are
allowed in subsection 1 and paragraphs (a), (b) and (c) of this subsection.
3. The sheriff is also
entitled to further compensation for his trouble and expense in taking
possession of property under attachment, execution or other process and of
preserving the property, as the court from which the writ or order may issue
certifies to be just and reasonable.
4. In service of a
subpoena or a venire in criminal cases, the sheriff is entitled to receive mileage
for the most distant only, where witnesses and jurors live in the same
direction.
5. The fees allowed for
the levy of an execution, for advertising and for making and collecting money
on an execution or order of sale, must be collected from the defendants, by
virtue of the execution or order of sale, in the same manner as the execution
is directed to be made.
6. Except as otherwise
provided by an ordinance adopted pursuant to the provisions of NRS 244.207, all
fees collected by a sheriff must be paid into the county treasury of his county
on or before the fifth working day of the month next succeeding the month in
which the fees are collected.
Sec. 4. NRS
258.125 is hereby amended to read as follows:
258.125 1. Constables are entitled to the following fees
for their services:
For serving a summons or
other process by which a suit is commenced in civil cases...... [$10] $17
For summoning a jury before
a justice of the peace................ [5] 7
For taking a bond or
undertaking. [3] 5
For serving an attachment
against the property of a defendant......... [5] 9
For serving subpoenas, for
each witness............................... [8] 14
For a copy of any writ,
process or order or other paper, when demanded or required by law, per folio..................................... [2] 3
For drawing and executing
every constable’s deed, to be paid by the grantee, who must also pay for the
acknowledgment thereof.... [12] 20
For each certificate of sale
of real property under execution....... [3] 5
For levying any writ of
execution or writ of garnishment, or executing an order of arrest in civil
cases, or order for delivery of personal property, with traveling fees as for
summons.............................. [8] 9
For serving one notice
required by law before the commencement of a proceeding for any type of
eviction [15] 26
For serving not fewer than 2
nor more than 10 such notices to the same location, each notice. [12] 20
For serving not fewer than
11 nor more than 24 such notices to the same location, each notice. [10] 17
For serving 25 or more such
notices to the same location, each notice [9] 15
For mileage in serving such
a notice, for each mile necessarily and actually traveled in going only [1] 2
But if two or more notices
are served at the same general location during the same period, mileage may
only be charged for the service of one notice.
For each service in a
summary eviction, except service of any notice required by law before
commencement of the proceeding, and for serving notice of and executing a writ
of restitution.. [15] 21
For making and posting
notices, and advertising property for sale on execution, not to include the
cost of publication in a newspaper [5] 9
For each warrant lawfully
executed [35] 48
For mileage in serving
summons, attachment, execution, order, venire, subpoena, notice, summary
eviction, writ of restitution or other process in civil suits, for each mile
necessarily and actually traveled, in going only............................. [1] 2
But when two or more persons
are served in the same suit, mileage may only be charged for the most distant,
if they live in the same direction.
For mileage in making a
diligent but unsuccessful effort to serve a summons, attachment, execution,
order, venire, subpoena or other process in civil suits, for each mile
necessarily and actually traveled, in going only............................. [1] 2
But mileage may not exceed
$20 for any unsuccessful effort to serve such process.
2. A constable is also entitled to receive:
(a) For
receiving and taking care of property on execution, attachment or order, his
actual necessary expenses, to be allowed by the court which issued the writ or
order, upon the affidavit of the constable that the charges are correct and the
expenses necessarily incurred.
(b) For
collecting all sums on execution or writ, to be charged against the defendant,
on the first $3,500, 2 percent thereof, and on all amounts over that sum,
one-half of 1 percent.
(c) For service in criminal cases, except for execution of
warrants, the same fees as are allowed sheriffs for like services, to be
allowed, audited and paid as are other claims against the county.
3. Deputy sheriffs acting
as constables are not entitled to retain for their own use any fees collected
by them, but the fees must be paid into the county treasury on or before the
5th working day of the month next succeeding the month in which the fees were
collected.
4. Constables shall, on or
before the 5th working day of each month, account for and pay to the county
treasurer all fees collected during the preceding month, except fees which may
be retained as compensation.
Sec. 5. NRS
259.200 is hereby amended to read as follows:
259.200 1. A justice of the peace is entitled, for each
day necessarily employed in holding an inquest, to a fee of [$19.] $23.
2. This fee must be paid
out of the county treasury as other demands against the county are paid.
2-1 Sec. 6. NRS 4.060 is hereby amended to read as follows:
2-2 4.060 1. Except as otherwise provided in this section,
each justice of
2-3 the peace shall charge and
collect the following fees:
2-4 (a) On the commencement of any action or proceeding in the
justice's
2-5 court, other than in actions
commenced pursuant to chapter 73 of NRS, to
2-6 be paid by the party
commencing the action:
2-7 If the sum claimed does not exceed $1,000.. [$28.00] $31.00
2-8 If the sum claimed exceeds $1,000 but does not
exceed
2-9 $2,500............................ 50.00
2-10 If the sum claimed exceeds $2,500 but does not
exceed
2-11 $4,500......................... 100.00
2-12 If the sum claimed exceeds $4,500 but does not
exceed
2-13 $6,500......................... 125.00
2-14 If the sum claimed exceeds $6,500 but does not
exceed
2-15 $7,500......................... 150.00
2-16 In all other civil actions... 28.00
2-17 (b) For the preparation and filing of an affidavit and order in an
action
2-18 commenced pursuant to
chapter 73 of NRS:
2-19 If the sum claimed does not exceed $1,000................. 25.00
2-20 If the sum claimed exceeds $1,000 but does not
exceed
2-21 $2,500........................... 45.00
2-22 If the sum claimed exceeds $2,500 but does not
exceed
2-23 $5,000........................... 65.00
2-24 (c) On the appearance of any defendant, or any number of defendants
2-25 answering jointly, to be
paid him or them on filing the first paper in the
2-26 action, or at the time of
appearance:
2-27 In all civil actions [12.00] 14.00
2-28 For every additional defendant, appearing separately [6.00] 7.00
2-29 (d) No fee may be charged where a defendant or defendants appear in
2-30 response to an affidavit and
order issued pursuant to the provisions of
2-31 chapter 73 of NRS.
2-32 (e) For the
filing of any paper in intervention................................ [6.00] 7.00
2-33 (f) For the
issuance of any writ of attachment, writ of
2-34 garnishment, writ of execution or any other writ
designed to enforce
2-35 any judgment of the court. [6.00] 7.00
2-36 (g) For
filing a notice of appeal, and appeal bonds................ [12.00] 14.00
2-37 One charge only may be made
if both papers are filed at the same time.
2-38 (h) For
issuing supersedeas to a writ designed to enforce a
2-39 judgment or order of the court [12.00] 14.00
2-40 (i) For
preparation and transmittal of transcript and papers on
2-41 appeal......................... [12.00] 14.00
2-42 (j) For
celebrating a marriage and returning the certificate to the
2-43 county recorder........................ 35.00
2-44 (k) For
entering judgment by confession........................ [6.00] 7.00
2-45 (l) For
preparing any copy of any record, proceeding or paper, for
2-46 each page............................ [.30] .35
2-47 (m) For each
certificate of the clerk, under the seal of the court............ 3.00
2-48 (n) For
searching records or files in his office, for each year............... 1.00
2-49 (o) For
filing and acting upon each bail or property bond ................ 40.00
3-1 2. A justice of the peace
shall not charge or collect any of the fees set
3-2 forth in subsection 1 for
any service rendered by him to the county in
3-3 which his township is
located.
3-4 3. A justice of the peace
shall not charge or collect the fee pursuant to
3-5 paragraph (j) of subsection
1 if he performs a marriage ceremony in a
3-6 commissioner township.
3-7 4. Except as otherwise
provided by an ordinance adopted pursuant to
3-8 the provisions of NRS
244.207, the justice of the peace shall, on or before
3-9 the fifth day of each month,
account for and pay to the county treasurer all
3-10 fees collected during the
preceding month, except for the fees he may
3-11 retain as compensation and
the fees he is required to pay to the state
3-12 treasurer pursuant to
subsection 5.
3-13 5. The justice of the peace
shall, on or before the fifth day of each
3-14 month, pay to the state
treasurer half of the fees collected pursuant to
3-15 paragraph (o) of subsection
1 during the preceding month. The state
3-16 treasurer shall deposit the
money in the fund for the compensation of
3-17 victims of crime.
3-18 Sec. 7. NRS 17.110 is hereby amended to read as follows:
3-19 17.110 The statement must
be filed with the clerk of the court in which
3-20 the judgment is to be
entered. The clerk shall endorse upon it and enter in
3-21 the judgment book a judgment
of the court for the amount confessed, with
3-22 [$24] $28 costs. The judgment and affidavit, with
the judgment endorsed,
3-23 thereupon become the
judgment roll.
3-24 Sec. 8. NRS 19.013 is hereby amended to read as follows:
3-25 19.013 1. Except as otherwise provided by specific
statute, each
3-26 county clerk shall charge
and collect the following fees:
3-27 On the commencement of any action or proceeding in
the
3-28 district court, or on the transfer of any action or
proceeding from
3-29 a district court of another county, except probate
or
3-30 guardianship proceedings, to be paid by the party
commencing
3-31 the action, proceeding or transfer [$56] $65
3-32 On an appeal to the district court of any case from
a justice’s
3-33 court or a municipal court, or on the transfer of
any case from a
3-34 justice’s court or a municipal court................................. [42] 49
3-35 On the filing of a petition for letters
testamentary, letters of
3-36 administration, setting aside an estate without
administration, or
3-37 a guardianship, which fee includes the court fee
prescribed by
3-38 NRS 19.020, to be paid by the petitioner:
3-39 Where the stated value of the estate is more than
$2,500. [72] 80
3-40 Where the stated value of the estate is $2,500 or
less, no
3-41 fee may be charged or collected.
3-42 On the filing of a petition to contest any will or
codicil, to be
3-43 paid by the petitioner........ [44] 52
3-44 On the filing of an objection or cross-petition to
the appointment
3-45 of an executor, administrator or guardian, or an
objection to the
3-46 settlement of account or any answer in an estate or
guardianship
3-47 matter.............................. [44] 52
4-1 On the appearance of any defendant or any number of
4-2 defendants answering jointly, to be paid upon the
filing of the
4-3 first paper in the action by him or them................................. [44] 52
4-4 For filing a notice of appeal [24] 28
4-5 For issuing a transcript of judgment and certifying
thereto.... 3
4-6 For preparing any copy of any record, proceeding or
paper, for
4-7 each page.................................. 1
4-8 For each certificate of the clerk, under the seal of
the court........... 3
4-9 For examining and certifying to a copy of any paper,
record or
4-10 proceeding prepared by another and presented for his
certificate... 5
4-11 For filing all papers not otherwise provided for,
other than
4-12 papers filed in actions and proceedings in court and
papers filed
4-13 by public officers in their official capacity................................... 15
4-14 For issuing any certificate under seal, not otherwise
provided for [6] 7
4-15 For searching records or files in his office, for
each year.............. 1
4-16 For filing and recording a bond of a notary public,
per name.......... 15
4-17 For entering the name of a firm or corporation in
the register of
4-18 the county clerk....................... 15
4-19 2. Except as otherwise provided by specific
statute, all fees prescribed
4-20 in this section are payable in advance if demanded
by the county clerk.
4-21 3. The fees set forth in subsection 1 are
payment in full for all services
4-22 rendered by the county clerk in the case for which
the fees are paid,
4-23 including the preparation of the judgment roll, but
the fees do not include
4-24 payment for typing, copying, certifying or
exemplifying or authenticating
4-25 copies.
4-26 4. No fee may be charged any attorney at law
admitted to practice in
4-27 this state for searching records or files in the
office of the clerk. No fee
4-28 may be charged for any services rendered to a
defendant or his attorney in
4-29 any criminal case or in habeas corpus proceedings.
4-30 5. Each county clerk shall,
on or before the fifth day of each month,
4-31 account for and pay to the
county treasurer all fees collected during the
4-32 preceding month.
4-33 Sec. 9. NRS 122.060 is hereby amended to read as follows:
4-34 122.060 1. The clerk is entitled to receive as his fee
for issuing the
4-35 license the sum of [$13.] $21.
4-36 2. The clerk shall also at
the time of issuing the license collect the sum
4-37 of [$3] $10 and pay it over to the
county recorder as his fee for recording
4-38 the originally signed copy
of the certificate of marriage described in NRS
4-39 122.120.
4-40 3. The clerk shall also at
the time of issuing the license collect the
4-41 additional sum of $4 for the
State of Nevada. The fees collected for the
4-42 state must be paid over to
the county treasurer by the county clerk on or
4-43 before the 5th day of each
month for the preceding calendar month, and
4-44 must be placed to the credit
of the state general fund. The county treasurer
4-45 shall remit quarterly all
such fees deposited by the clerk to the state
4-46 treasurer for credit to the
state general fund.
4-47 4. The clerk shall also at
the time of issuing the license collect the
4-48 additional sum of $15 for
the account for aid for victims of domestic
5-1 violence in the state
general fund. The fees collected for this purpose must
5-2 be paid over to the county
treasurer by the county clerk on or before the 5th
5-3 day of each month for the
preceding calendar month, and must be placed to
5-4 the credit of that account.
The county treasurer shall, on or before the 15th
5-5 day of each month, remit
those fees deposited by the clerk to the state
5-6 treasurer for credit to that
account.
5-7 Sec. 10. NRS 278.450 is hereby amended to read as follows:
5-8 278.450 [The]
For the recordation of any final
map, the county
5-9 recorder shall collect a fee
of [$35, plus 35 cents per
lot or unit mapped, for
5-10 the recordation of any final map.] $50 for the first sheet of the map and
5-11 $10 for each additional sheet. The fee must be deposited in the general
5-12 fund of the county where it
is collected.
5-13 Sec. 11. NRS 278.468 is hereby amended to read as follows:
5-14 278.468 1. If a parcel map is approved or deemed
approved pursuant
5-15 to NRS 278.464, the preparer
of the map shall:
5-16 (a) Cause the approved map to be recorded in the office of the
county
5-17 recorder within 1 year after
the date the map was approved or deemed
5-18 approved, unless the
governing body establishes by ordinance a longer
5-19 period, not to exceed 2
years, for recording the map. The map must be
5-20 accompanied by a written
statement signed by the treasurer of the county in
5-21 which the land to be divided
is located indicating that all property taxes on
5-22 the land for the fiscal year
have been paid.
5-23 (b) Pay a [$17] fee of
$17 for the first sheet of the map plus $10 for
5-24 each additional sheet to the county recorder for filing and indexing.
5-25 2. Upon receipt of a parcel
map, the county recorder shall file the map
5-26 in a suitable place. He
shall keep proper indexes of parcel maps by the
5-27 name of grant, tract,
subdivision or United States subdivision.
5-28 Sec. 12. NRS 278.4725 is hereby amended to read as follows:
5-29 278.4725 1. Except as otherwise provided in this section,
if the
5-30 governing body has
authorized the planning commission to take final
5-31 action on a final map, the
planning commission shall approve,
5-32 conditionally approve or
disapprove the final map, basing its action upon
5-33 the requirements of NRS
278.472:
5-34 (a) In a county whose population is 40,000 or more, within 45 days;
or
5-35 (b) In a county whose population is less than 40,000, within 60
days,
5-36 after accepting the final
map as a complete application. The planning
5-37 commission shall file its
written decision with the governing body. Except
5-38 as otherwise provided in
subsection 5, or unless the time is extended by
5-39 mutual agreement, if the
planning commission is authorized to take final
5-40 action and it fails to take
action within the period specified in this
5-41 subsection, the final map
shall be deemed approved unconditionally.
5-42 2. If there is no planning
commission or if the governing body has not
5-43 authorized the planning
commission to take final action, the governing
5-44 body or its authorized
representative shall approve, conditionally approve
5-45 or disapprove the final map,
basing its action upon the requirements of
5-46 NRS 278.472:
5-47 (a) In a county whose population is 40,000 or more, within 45 days;
or
6-1 (b) In a county whose population is less than 40,000, within 60
days,
6-2 after the final map is
accepted as a complete application. Except as
6-3 otherwise provided in
subsection 5 or unless the time is extended by
6-4 mutual agreement, if the
governing body or its authorized representative
6-5 fails to take action within
the period specified in this subsection, the final
6-6 map shall be deemed approved
unconditionally.
6-7 3. An applicant or other
person aggrieved by a decision of the
6-8 authorized representative of
the governing body or by a final act of the
6-9 planning commission may
appeal to the governing body within a
6-10 reasonable period to be
determined, by ordinance, by the governing body.
6-11 The governing body shall
render its decision:
6-12 (a) In a county whose population is 40,000 or more, within 45 days;
or
6-13 (b) In a county whose population is less than 40,000, within 60
days,
6-14 after the date on which the
appeal is filed.
6-15 4. If the map is
disapproved, the governing body or its authorized
6-16 representative or the
planning commission shall return the map to the
6-17 person who proposes to
divide the land, with the reason for its action and a
6-18 statement of the changes
necessary to render the map acceptable.
6-19 5. If the final map divides
the land into 16 lots or more, the governing
6-20 body or its authorized
representative or the planning commission shall not
6-21 approve a map, and a map
shall not be deemed approved, unless:
6-22 (a) Each lot contains an access road that is suitable for use by
6-23 emergency vehicles; and
6-24 (b) The corners of each lot are set by a professional land
surveyor.
6-25 6. If the final map divides
the land into 15 lots or less, the governing
6-26 body or its authorized
representative or the planning commission may, if
6-27 reasonably necessary,
require the map to comply with the provisions of
6-28 subsection 5.
6-29 7. Upon approval, the map
must be filed with the county recorder.
6-30 Filing with the county
recorder operates as a continuing:
6-31 (a) Offer to dedicate for public roads the areas shown as proposed
roads
6-32 or easements of access,
which the governing body may accept in whole or
6-33 in part at any time or from
time to time.
6-34 (b) Offer to grant the easements shown for public utilities, which
any
6-35 public utility may similarly
accept without excluding any other public
6-36 utility whose presence is
physically compatible.
6-37 8. The map filed with the
county recorder must include:
6-38 (a) A certificate signed and acknowledged by each owner of land to
be
6-39 divided consenting to the
preparation of the map, the dedication of the
6-40 roads and the granting of
the easements.
6-41 (b) A certificate signed by the clerk of the governing body or
authorized
6-42 representative of the
governing body or the secretary to the planning
6-43 commission that the map was
approved, or the affidavit of the person
6-44 presenting the map for
filing that the time limited by subsection 1 or 2 for
6-45 action by the governing body
or its authorized representative or the
6-46 planning commission has
expired and that the requirements of subsection 5
6-47 have been met. A certificate
signed pursuant to this paragraph must also
7-1 indicate, if applicable,
that the governing body or planning commission
7-2 determined that a public
street, easement or utility easement which will not
7-3 remain in effect after a
merger and resubdivision of parcels conducted
7-4 pursuant to NRS 278.4925,
has been vacated or abandoned in accordance
7-5 with NRS 278.480.
7-6 (c) A written statement signed by the treasurer of the county in
which
7-7 the land to be divided is
located indicating that all property taxes on the
7-8 land for the fiscal year
have been paid.
7-9 9. A governing body may by
local ordinance require a final map to
7-10 include:
7-11 (a) A report from a title company which lists the names of:
7-12 (1) Each owner of record of the land to be divided; and
7-13 (2) Each holder of record of a security interest in the land to
be
7-14 divided, if the security
interest was created by a mortgage or a deed of
7-15 trust.
7-16 (b) The signature of each owner of record of the land to be
divided.
7-17 (c) The written consent of each holder of record of a security
interest
7-18 listed pursuant to
subparagraph (2) of paragraph (a), to the preparation and
7-19 recordation of the final
map. A holder of record may consent by signing:
7-20 (1) The final map; or
7-21 (2) A separate document that is filed with the final map and
declares
7-22 his consent to the division
of land.
7-23 10. After a map has been filed
with the county recorder, any lot shown
7-24 thereon may be conveyed by
reference to the map, without further
7-25 description.
7-26 11. The county recorder
shall charge and collect for recording the map
7-27 a fee set by the board of county commissioners of
not more than [$35 per
7-28 page set by the board of county commissioners.] $50 for the first sheet of
7-29 the map plus $10 for each additional sheet.
7-30 Sec. 13. NRS 278A.570 is hereby amended to read as follows:
7-31 278A.570 1. A plan which has been given final approval by
the city
7-32 or county, must be certified
without delay by the city or county and filed of
7-33 record in the office of the
appropriate county recorder before any
7-34 development occurs in
accordance with that plan. A county recorder shall
7-35 not file for record any
final plan unless it includes:
7-36 (a) A final map of the entire final plan or an identifiable phase
of the
7-37 final plan if required by
the provisions of NRS 278.010 to 278.630,
7-38 inclusive;
7-39 (b) The certifications required pursuant to NRS 116.2109; and
7-40 (c) The same certificates of approval as are required under NRS
7-41 278.377 or evidence that:
7-42 (1) The approvals were requested more than 30 days before the
date
7-43 on which the request for
filing is made; and
7-44 (2) The agency has not refused its approval.
7-45 2. Except as otherwise
provided in this subsection, after the plan is
7-46 recorded, the zoning and
subdivision regulations otherwise applicable to
7-47 the land included in the
plan cease to apply. If the development is
7-48 completed in identifiable
phases, then each phase can be recorded. The
8-1 zoning and subdivision
regulations cease to apply after the recordation of
8-2 each phase to the extent
necessary to allow development of that phase.
8-3 3. Pending completion of
the planned unit development, or of the part
8-4 that has been finally
approved, no modification of the provisions of the
8-5 plan, or any part finally
approved, may be made, nor may it be impaired by
8-6 any act of the city or
county except with the consent of the landowner.
8-7 4. [The]
For the recording or filing of any
final map, plat or plan,
8-8 the county recorder shall collect a fee of $50 [, plus 50
cents per lot or unit
8-9 mapped,] for the [recording or filing of any final map, plat or plan .] first
8-10 sheet of the map, plat or plan plus $10 for each additional sheet. The fee
8-11 must be deposited in the
general fund of the county where it is collected.
8-12 Sec. 14. NRS 403.190 is hereby amended to read as follows:
8-13 403.190 1. Except as otherwise provided in subsection 3,
upon
8-14 laying out and designating
the county roads as required in NRS 403.170,
8-15 the board of county highway
commissioners shall cause a map of the
8-16 county to be made, showing
the county roads and their designations. The
8-17 board shall file one copy of
the map with the clerk of the board of county
8-18 highway commissioners, one
copy with the department of transportation,
8-19 one copy with the county
clerk and one copy with the county recorder.
8-20 2. When any road has been
designated by the board of county highway
8-21 commissioners as a standard
county road, as provided in NRS 403.180, that
8-22 designation must be made on
the copies of the map on file with the clerk of
8-23 the board of county highway
commissioners, the county clerk, the
8-24 department of transportation
and the county recorder.
8-25 3. The board of county
highway commissioners need not include a
8-26 minor county road upon the
map required by subsection 1. Any person who
8-27 uses a minor county road may
file with the county recorder a map showing
8-28 the location of the road,
appropriately emphasized in black ink upon the
8-29 map by the person filing it.
The map must:
8-30 (a) Be a topographical map prepared by the United States Geological
8-31 Survey, unless the board of
county highway commissioners determines that
8-32 other specific maps are
acceptable.
8-33 (b) Have written on its face, in black ink, the townships, ranges
and
8-34 sections through which the
road traverses.
8-35 The map so filed is evidence
of the existence and location of the road. Each
8-36 person filing such a map
shall pay to the county recorder a fee of $17 for
8-37 the first sheet of the map plus $10 [.] for each additional sheet.
8-38 Sec. 15. NRS 625.370 is hereby amended to read as follows:
8-39 625.370 1. The charge for filing and indexing any record
of survey is
8-40 $17 [.] for the first page plus $10 for each additional page.
8-41 2. The record of survey
must be suitably filed by the county recorder
8-42 and he shall keep proper
indexes of such survey records by name of tract,
8-43 subdivision or United States
land subdivision.
8-44 H